Thank you for selecting the Services offered by Griffin Data Services, LLC (referred to as "Claims Calculator", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Claims Calculator. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
Section A
GENERAL TERMS
1. AGREEMENT
This Agreement describes the terms governing your use of the Claims Calculator online services provided to you on this website or application, including Content (defined below), updates and new releases (collectively, the “Services”). This Agreement includes by reference:
Claims Calculator's Privacy Statement. Click here. Additional terms and conditions, which may include those from third parties. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Claims Calculator. Claims Calculator reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Claims Calculator grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party.
Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
Decompile, disassemble, or reverse engineer the Services.
Make the Services available on any file-sharing or application hosting service.
3. PAYMENT. For Services offered on a payment or subscription basis, the following terms apply, unless Claims Calculator or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
A valid credit card acceptable to Claims Calculator;
A valid debit card acceptable to Claims Calculator;
Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
or
By another payment option Claims Calculator provides to you in writing.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Claims Calculator will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider.
CLAIMS CALCULATOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION
You can view Claims Calculator’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Claims Calculator Privacy Statement and any changes published by Claims Calculator. You agree that Claims Calculator may use and maintain your data according to the Claims Calculator Privacy Statement, as part of the Services. This means that Claims Calculator may use your data to improve the Services or to design promotions and to develop new products or services. Claims Calculator is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
5.1 California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Claims Calculator shall be considered a Business and/or Third Party, as applicable. Where Claims Calculator acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Claims Calculator is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Claims Calculator to:
share any and all Personal Information you provide with any Claims Calculator company, including Claims Calculator Inc. and any parent, subsidiary, affiliate, or related company of Claims Calculator. (collectively, the “Claims Calculator Family Companies”); and
use any such Personal Information in connection with any and all Claims Calculator Family Companies’ internal operations and functions, including, but not limited to, improving such Claims Calculator Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Claims Calculator Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
6. CONTENT AND USE OF THE SERVICES
6.1 Responsibility for Content and Use of the Services.
Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Claims Calculator a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Claims Calculator is not responsible for any of your Content that you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
Except as permitted by Claims Calculator in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
Virus, Trojan horse, worm or other disruptive or harmful software or data; and
Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
6.2 Restricted Use of the Services.
You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Claims Calculator or could subject Claims Calculator to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Claims Calculator’s opinion, is prohibited under this Agreement; (v) any other activity that places Claims Calculator in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Claims Calculator system or network or to breach Claims Calculator’s security or authentication measures, whether by passive or intrusive techniques. Claims Calculator reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
6.3 Community forums.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Claims Calculator does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Claims Calculator is not responsible.
6.4 Claims Calculator may freely use feedback you provide. You agree that Claims Calculator may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Claims Calculator a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Claims Calculator in any way.
6.5 Claims Calculator may monitor Content. Claims Calculator may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Claims Calculator or its customers, or operate the Services properly. Claims Calculator, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 Claims Calculator does not give professional advice. Unless specifically included with the Services, Claims Calculator is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Claims Calculator Services. You may be offered other services, products, or promotions by Claims Calculator ("Claims Calculator Services"). Additional terms and conditions and fees may apply. With some Claims Calculator Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Claims Calculator permission to use information about your business and experience to help us to provide the Claims Calculator Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.
7.3 Communications. Claims Calculator may be required by law to send you communications about the Services or third party products. You agree that Claims Calculator may send these communications to you via email or by posting them on our websites
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Claims Calculator if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLAIMS CALCULATOR, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. CLAIMS CALCULATOR AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 CLAIMS CALCULATOR, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CLAIMS CALCULATOR, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CLAIMS CALCULATOR, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET CLAIMS CALCULATOR SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CLAIMS CALCULATOR AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CLAIMS CALCULATOR, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to accept the Services “as is.” By using Claims Calculator, you agree to assume all risks associated with access to it and its use. This includes your decision to act or rely on information obtained from Claims Calculator and its Services. You acknowledge that information and material provided to you by Claims Calculator is subject to change and may be sourced from a third party. Claims Calculator does not guarantee, warrant, endorse, or assume responsibility for the accuracy of the information, material, and content provided by Claims Calculator in association with its Services. Claims Calculator assumes no liability or responsibility for any errors, mistakes, or inaccuracies of the information, material, and content provided by its Services.
You agree to indemnify and hold Claims Calculator and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Claims Calculator reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Claims Calculator in the defense of any Claims.
Claims Calculator shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
10. CHANGES. Claims Calculator reserves the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
11. TERMINATION. Claims Calculator may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Claims Calculator policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Claims Calculator’s interests or those of another user of the Services. Upon Claims Calculator notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Claims Calculator’s rights to any payments due to it. Claims Calculator may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT RESTRICTIONS. You acknowledge that the Services, its related website, online services, and other Claims Calculator Services, including the mobile application, delivered by Claims Calculator are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW. Delaware state law governs this Agreement without regard to its conflict of laws provisions.
14. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. Additionally, under Consumer Arbitration Rule 9(b) either party may elect to take a claim to small claims court, even after filing an arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Florida law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND CLAIMS CALCULATOR ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Claims Calculator Inc., in care of our registered agent at The Corporation Trust Company, 1209 Orange Street Corporations Trust Center, Wilmington, DE 19801. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 14 shall survive expiration, termination or rescission of this Agreement.
15. GENERAL. This Agreement, including the Additional Terms below, is the entire agreement between you and Claims Calculator regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Claims Calculator. However, Claims Calculator may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Claims Calculator or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Claims Calculator via an email to: support@claimscalc.com.
B. ADDITIONAL TERMS AND CONDITIONS FOR CLAIMS CALCULATOR ONLINE ESTIMATE ANALYSIS SERVICES
Your use of the Services provided by Claims Calculator are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
1. License Grant and Restrictions
1.1. Number of Estimates. You may use the Services solely to compare estimates for which you are allowed to use and are privy to.
1.2. Number of Estimates. You may use certain versions of the Services to self-compare and analyze estimates. After proper registration and payment is made, you may access additional services related to your estimates offered by Claims Calculator.
1.3. Additional Examples of Restrictions on Use. You may not use the services to analyze estimates on a commercial basis.
2. SERVICES
2.1. State Services. The term “Services” includes any state version of Claims Calculator Online software made available through this website, and/or additional Claims Calculator Services, which may be subject to additional fees as described on the website.
2.2 Pricing. Prices for the various Services are ultimately determined at time of selecting the version of Claims Calculator Online and all prices are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed, particularly if some time has passed between the date you start your estimate analysis and the date you finish it. The price for your Service is the price at the time you pay for it. Your price will not change once you pay for your Service.
2.3 Import Services. The Services may include a feature that allows you to import, where applicable, certain information from other software platforms such as email applications or applications found on your desktop computer, laptop computer, mobile phone, or tablet. You are responsible for verifying the accuracy of the information that is imported.
The Services also may include functionality designed to read data from images (for example estimates and other documents) photographed using a mobile device. This functionality is limited to those forms or items that the Services can read. If the form or other item you photograph and submit through the Services is not supported, you may need to manually enter your data.
You may be offered the ability to import data from other sources in addition to those above. You may provide us with your authorization and information to allow us to obtain your data from third parties on your behalf to use the Services or any third party service that you select. You represent that you have the necessary rights to grant us access to your accounts with third parties. Third parties are not affiliated with or endorsed or sponsored by us.
3. HELP AND SUPPORT
Claims Calculator may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Claims Calculator from time to time. Consult the Claims Calculator Online Help and Support web site for the most up-to-date information relating to this support and any associated charges.
4. User ID and Password Security
You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. You must remember your user ID and password to electronically access your current and previous estimates.
5. Privacy of Insurance Estimate Information
At Claims Calculator we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your insurance estimates to us. Our full Claims Calculator Privacy Statement can be found on the Claims Calculator website. To contact us with a question, visit our website or write to us at support@claimscalc.com.
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer or insurance files.
You may provide us with your telephone number as part of your customer record or registration or via other method. You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of Claims Calculator, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve Claims Calculator sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from Claims Calculator containing security code(s) as part of the MFA process. In addition, you agree that Claims Calculator may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Claims Calculator (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details). You also agree that your acceptance of a Third Party Refund Processing Service Agreement will authorize the sharing of the bank account information you provide to the provider and your authorization to debit your bank account for fees, charges, and any applicable taxes owed to Claims Calculator.
6. USE WITH YOUR MOBILE DEVICE.
6.1 Mobile access to the Services requires an authorized app and may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider is compatible with Claims Calculator Online. Claims Calculator is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by Claims Calculator at any time with reasonable notice to you.
6.2 Claims Calculator Requirements. If you downloaded the Services from the Apple iTunes App Store, the following terms also apply to you:
A. Acknowledgement: You acknowledge that this Agreement is between you and Claims Calculator only, and not with Apple, and Claims Calculator, not Apple, is solely responsible for the Services and the content thereof.
B. Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iPhone OS Product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.
C. Maintenance and Support: Claims Calculator and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
D. Warranty: Claims Calculator is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Claims Calculator’s sole responsibility.
E. Product Claims: Claims Calculator, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Claims Calculator, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
G. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
H. Developer Contact Info: Direct any questions, complaints or claims to: Claims Calculator Inc., in care of our registered agent at The Corporation Trust Company, 1209 Orange Street Corporations Trust Center, Wilmington, DE 19801.
I. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Services, e.g., if you are using a VoIP application, then you must not be in violation of their wireless data service agreement when using the Services.
J. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
7. MISCELLANEOUS MATTERS
You agree that Claims Calculator is not acting as your agent or fiduciary in connection with your use of the Software or any Services.
You can contact Claims Calculator. by email at support@claimscalc.com if you have a question or concern about any product or service we sell over the Internet.
7.1 Additional Third Party Software Licensing Terms.
The Services and corresponding mobile app may contain third party software components which are governed by and subject to commercial terms and licenses as provided below. You must comply with any such commercial terms and licenses with regard to these separate third party software components. Claims Calculator makes no warranty concerning these third party software components.